Van Pletzen and Another v Coetzer and Others (526/2017) [2018] ZAFSHC 185 (6 December 2018)

Van Pletzen and Another v Coetzer and Others (526/2017) [2018] ZAFSHC 185 (6 December 2018)

The court found that the 2011 agreement was valid and enforceable, as it did not unlawfully alter the devolution of the estate but merely regulated the manner of payment to the plaintiffs. The plaintiffs, as heirs with personal rights against the defendants, were entitled to contract regarding the computation and payment of their share. However, the plaintiffs failed to comply with the contractual requirement to give written notice to remedy breach before cancelling the agreement. The reasons advanced for cancellation, including replication and communications, did not satisfy the notice requirement. The locus standi argument was dismissed as the estate had been fully administered and the...

Citation
[2018] ZAFSHC 185
Parties
Plaintiff: Maria Magadalena Van Pletzen; Plaintiff: Magdelt Magdalena Kotze; Defendant: Stephanus Isaias Coetzer; Defendant: Pieter Hermanus Coetzer; Defendant: Zacharia Gerhard Theunis Coetzer
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
6 December 2018
Case Number
526/2017
Procedural Posture
Civil Trial / Judgment After Trial
Outcome
Plaintiffs' main claims dismissed. First and third defendants declared liable for an amount to be determined. Plaintiffs to pay costs of trial. Matter postponed for further pre-trial conference.
Judges
Mhlambi
Legal Topics
Testamentary Modus, Family Agreement, Repudiation of Contract, Notice of Cancellation, Personal Rights of Heirs
Land and Property Civil Procedure Testamentary Modus Family Agreement Repudiation of Contract Notice of Cancellation Personal Rights of Heirs

Case Brief

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Parties

Maria Magadalena Van Pletzen

Plaintiff

Magdelt Magdalena Kotze

Plaintiff

Stephanus Isaias Coetzer

Defendant

Pieter Hermanus Coetzer

Defendant

Zacharia Gerhard Theunis Coetzer

Defendant

Procedural Posture

Civil Trial / Judgment After Trial

Legal Issues

  1. 1 Whether the 2011 agreement between the parties is valid and enforceable.
  2. 2 Whether the plaintiffs complied with the notice requirements for cancellation of the 2011 agreement.
  3. 3 Whether the plaintiffs have locus standi to claim payment under the will.

Ratio Decidendi

The court found that the 2011 agreement was valid and enforceable, as it did not unlawfully alter the devolution of the estate but merely regulated the manner of payment to the plaintiffs. The plaintiffs, as heirs with personal rights against the defendants, were entitled to contract regarding the computation and payment of their share. However, the plaintiffs failed to comply with the contractual requirement to give written notice to remedy breach before cancelling the agreement. The reasons advanced for cancellation, including replication and communications, did not satisfy the notice requirement. The locus standi argument was dismissed as the estate had been fully administered and the...

Court Disposition

Plaintiffs' main claims dismissed. First and third defendants declared liable for an amount to be determined. Plaintiffs to pay costs of trial. Matter postponed for further pre-trial conference.

Orders

  • The main claims of the plaintiffs are dismissed.
  • It is declared that the first and third defendants are liable for such amount still to be determined (excluding any liability of the second defendant).